Study of the Right of Everyone to Be Free from Arbitrary Arrest, Detention and Exile
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The Japanese Lawyer, 35 Neb
CORE Metadata, citation and similar papers at core.ac.uk Provided by DigitalCommons@University of Nebraska Nebraska Law Review Volume 35 | Issue 3 Article 3 1956 The aJ panese Lawyer Judson S. Woodruff Oklahoma Bar Association member Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation Judson S. Woodruff, The Japanese Lawyer, 35 Neb. L. Rev. 429 (1956) Available at: https://digitalcommons.unl.edu/nlr/vol35/iss3/3 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. THE JAPANESE LAWYER 429 THE JAPANESE LAWYER Judson S. Woodruff':' I. INTRODUCTION Japan's explosive emergence from centuries of se}f-imposed and incredibly complete isolation from the civilizations both of the West and the rest of the East began nearly ninety years ago. From the time of the Meiji Restoration the structure of Japanese society has been modernized with surprising speed and thorough ness. This transformation was initially the deliberate work of a relatively small band of able, imaginative, and enthusiastic Jap anese leaders. Once the barriers were down, once normal inter course with other nations began, ordinary cross-culturation began having substantial effects. Finally, and most recently, a seven year military and civil occupation both directly and indirectly imposed upon Japan still other important changes.1 Today, as a result of these influences, alone in Asia Japan can accurately be described as an industrial nation. -
Judicial System in Azerbaijan and Its Impact on the Right to a Fair Trial of Human Rights Defenders
The Functioning of the Judicial System in Azerbaijan and its Impact on the Right to a Fair Trial of Human Rights Defenders September 2016 Pre-publication copy This report is produced in the framework of the initiative “Increasing Accountability and Respect for Human Rights by Judicial Authorities” by the Netherlands Helsinki Committee and the Helsinki Foundation for Human Rights. For more information please refer to: www.defendersORviolators.info The publication is available online as a PDF. ISBN: 978-83-62245-58-1 Warsaw, 2016 Editor: Helsinki Foundation for Human Rights 00-018 Warsaw, Zgoda 11, www.hfhr.org.pl Design: Julianna Mahorowska Table of Contents Executive summary p. 4 Introduction p. 6 I. European standards on the independence and impartiality of the judiciary p. 8 I.1. Independence of judiciary p. 8 I.2. Impartiality of the judiciary p. 9 II. Prosecution authorities in Azerbaijan p. 10 II.1. Organization of the public prosecution service p. 10 II. 2. Selection of candidates p. 11 II. 3. Training p. 12 II. 4. Nomination and appointment of prosecutors p. 13 II. 5. Accountability p. 14 II. 6. Dismissal p. 14 II. 7. Disciplinary responsibility of prosecutors p. 15 II. 8. Conclusions p. 17 III. Organization of the judiciary p. 18 III.1. Selection of candidates p. 19 III. 2. Training p. 20 III. 3. Nomination and appointment of judges p. 21 III. 4. Probation period p. 22 III. 5. Organization of the judiciary p. 22 Judicial legal council p. 22 Constitutional court and the Supreme Court p. 25 Immunity and dismissal of judges p. -
Handbook for the Protection of Internally Displaced Persons
Handbook for the Protection of Internally Displaced Persons Action Sheet 8 Liberty and Freedom of Movement Key message The ability to move freely and in safety within one’s country is a basic right as well as a pre-condition for the enjoyment of many other rights. Limitations on freedom of movement can have serious consequences for the lives, health and well-being of individuals and communities. Ensuring freedom of movement thus forms an important part of any protection strategy. 1. What do we mean by the term freedom of movement? Freedom of movement consists of the right and ability to move and choose one’s residence freely and in safety within the territory of the State, regardless of the purpose of the move. It also includes the right to leave any country and to return to one’s own country. It is closely related to the right to liberty and security of person, which guarantees freedom from arbitrary arrest and detention, and the right to seek asylum in another country. Taken together these rights mean that all persons, including the internally displaced, have the right to: l Take flight and seek safety in another part of the country (of choice), or to leave the country in order to seek asylum in another country. l Move freely and in safety within the country, including in and out of camps and settlements, regardless of the purpose of the move. l Voluntarily return to the place of origin or relocate to another part of the country. l Not be arbitrarily displaced or forced to return or relocate to another part of the country. -
Facilitating Peaceful Protests
ACADEMY BRIEFING No. 5 Facilitating Peaceful Protests January 2014 Geneva Academy of International Humanitarian Law and Human Rights Geneva Académie de droit international humanitaire et de droits humains à Genève Academ The Academy, a joint centre of ISBN: 978-2-9700866-3-5 © Geneva Academy of International Humanitarian Law and Human Rights, January 2014. Acknowledgements This Academy Briefing was written by Milena Costas Trascasas, Research Fellow, and Stuart Casey-Maslen, Head of Research, at the Geneva Academy of International Humanitarian Law and Human Rights (Geneva Academy). The Academy would like to thank all those who commented on an earlier draft of this briefing, in particular Anja Bienart and Brian Wood of Amnesty International, and Neil Corney of Omega Research Foundation. The Geneva Academy would also like to thank the Swiss Federal Department of Foreign Affairs (DFAE) for its support to the Academy’s work on facilitating peaceful protests, especially the Human Security Division for its funding of the publication of this Briefing. Editing, design, and layout by Plain Sense, Geneva. Disclaimer This Academy Briefing is the work of the authors. The views expressed in it do not necessarily reflect those of the project’s supporters or of anyone who provided input to, or commented on, a draft of this Briefing. The designation of states or territories does not imply any judgement by the Geneva Academy, the DFAE, or any other body or individual, regarding the legal status of such states or territories, or their authorities and institutions, or the delimitation of their boundaries, or the status of any states or territories that border them. -
STATEMENT of CHARGES/WARRANT/WARRANTLESS ARREST PROCEDURES Revisions Approved: June 12, 2018 ______
GENERAL ORDER 10-32 SECTION H-2 STATEMENT OF CHARGES/WARRANT/WARRANTLESS ARREST PROCEDURES Revisions Approved: June 12, 2018 _____________________________________________________________________________________ This General Order contains the following numbered sections: I. Directive II. Purpose III. General IV. Procedure V. Serving of Arrest Warrants VI. Serving of Arrest Warrants at Primary Residence VII. Execution of Arrest Warrant at Third Party Locations VIII. Forcible Entry IX. Criminal Arrests, Release Without Charges or Processing X. Effective Date I. DIRECTIVE This General Order is to provide direction in reference to adult arrestees, and will also apply to juveniles initially arrested for crimes for which the Juvenile Court has no jurisdiction. II. PURPOSE The purpose of this General Order is to establish guidelines and procedures for Statement of Charges, warrant and warrantless arrest procedures, as well as supervisory review and approval of all Statements of Charges prepared by subordinates prior to presentation to the appropriate officer of the Court. III. GENERAL A. The power of arrest is entrusted to the Baltimore City School Police Officers in a lawful and constitutional manner. Officers shall be familiar and comply with all local, state, and federal laws regarding constitutional rights of and processing of arrestees when affecting an arrest. B. All members of the Baltimore City School Police Force (BCSPF) will act in an unbiased manner when initiating police action and will not consider a person’s race, religion, ethnicity, sexual orientation, gender identity, gender expression or disability when GENERAL ORDER 10-32 SECTION H-2 STATEMENT OF CHARGES/WARRANT/WARRANTLESS ARREST PROCEDURES Revisions Approved: June 12, 2018 _____________________________________________________________________________________ making decisions related to an arrest. -
Protection from Arbitrary Arrest and Detention Under International Law Laurent Marcoux, Jr
Boston College International and Comparative Law Review Volume 5 | Issue 2 Article 3 8-1-1982 Protection from Arbitrary Arrest and Detention Under International Law Laurent Marcoux, Jr. Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Comparative and Foreign Law Commons, Human Rights Law Commons, International Law Commons, and the International Relations Commons Recommended Citation Laurent Marcoux, Jr., Protection from Arbitrary Arrest and Detention Under International Law, 5 B.C. Int'l & Comp. L. Rev. 345 (1982), http://lawdigitalcommons.bc.edu/iclr/vol5/iss2/3 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Protection from Arbitrary Arrest and Detention Under International Law by Laurent Marcoux, Jr. * I. INTRODUCTION Since the adoption of the United Nations Charter in 1945, the international community, in recognition of the vital importance of securing respect for human rights and freedom from fear, has developed an impressive body of interna tional human rights law. 1 Among the most fundamental of all human rights is the right to personal liberty. One significant dimension of this right is freedom from arbitrary arrest and detention.2 In recognition of the right to this freedom, the Universal Declaration of Human Rights (Universal Declaration), adopted by the General Assembly of the United Nations in 1948, provides in Article 3 that "[e]veryone has the right to life, liberty and security of person," and in Article 9 that "[n]o one shall be subjected to arbitrary arrest, detention or exile."3 Simi larly, Article 9(1) of the International Covenant on Civil and Political Rights (Covenant on Civil and Political Rights) states: "Everyone has the right to liberty and security of person. -
The Reform of Japan's Legal and Judicial System Under Allied Occupation
Washington Law Review Volume 24 Number 3 8-1-1949 The Reform of Japan's Legal and Judicial System Under Allied Occupation Alfred C. Oppler Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Military, War, and Peace Commons Recommended Citation Alfred C. Oppler, Far Eastern Section, The Reform of Japan's Legal and Judicial System Under Allied Occupation, 24 Wash. L. Rev. & St. B.J. 290 (1949). Available at: https://digitalcommons.law.uw.edu/wlr/vol24/iss3/10 This Far Eastern Section is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. FAR EASTERN SECTION THE REFORM OF JAPAN'S LEGAL AND JUDICIAL SYSTEM UNDER ALLIED OCCUPATION ALFRED C. OPPLER* I. GENERAL BACKGROUND OF THE REFORMS r.The Novelty of the Occupation The novel character of Allied occupations after World War II has been repeatedly emphasized in recent literature.' The modern type of treatment of the occupied nation by the conquering authority assert- edly aims at far broader objectives when compared to military occupa- tions of the past. It no longer restricts itself to disarming the enemy from a purely military and technical point of view, but is designed to prevent him from future aggression by what may be termed as psycho- logical disarmament. Yet it may be remembered that such effort is not without precedent in history 2 Napoleon I, another military occupant, was a great reformer and succeeded in having the European countries he conquered adopt ideas and institutions resulting from the French Revolution whose son he has been called. -
Universal Declaration of Human Rights
Universal Declaration of Human Rights Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, therefore, The General Assembly, Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. -
Comments on the Prohibition of Torture and Inhuman, Cruel, Or Degrading Treatment Or Punishment in Libya’S Draft Constitutional Recommendations
Comments on the prohibition of torture and inhuman, cruel, or degrading treatment or punishment in Libya’s Draft Constitutional Recommendations I. The Prohibition of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Torture is a crime and serious human rights violation that has devastating consequences for its victim, his or her family and whole communities. The practice of torture is in stark contrast to the rule of law. The abhorrent nature of the crime is recognised in constitutions around the world and in international law, under which torture is absolutely prohibited. This absolute prohibition means that there are no exceptions and no justifications for this crime, even in times of emergency. Libya is party to a number of key international and regional treaties that enshrine the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment (ill- treatment). These include the 1966 International Covenant on Civil and Political Rights (ICCPR) (articles 7 and 10), the 1981 African Charter on Human and Peoples’ Rights (ACHPR) (article 5), the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and the 1989 Convention on the Rights of the Child (CRC) (article 37). Under international law, states parties to a treaty are bound to implement its provisions and must ensure that their domestic law complies with their treaty obligations.1 According to article 2 UNCAT ‘Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.’2 Libya therefore has a duty to enshrine the prohibition of torture in its domestic legal order. -
Scope of Legal Authority of Private Security Personnel
If you have issues viewing or accessing this file contact us at NCJRS.gov. Scope of legal Authority of Private Security Personnel 146908 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do IIOt necessarily represent the oHicial position or policies of the National Institute of Justice. Permission to reproduce this ., itlidi8d material has been gr~t~l!5lJ.ic Domain/LEAA U.S. Department of Justice to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the ..~ owner. A REPORT PREPARED BY THE PRIVATE SECURITY ADVISORY COUNCIL, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, U.S. DEPARTMENT OF JUSTICE ... ' If SCOPE OF LEGAL AUTHORITY OF PRIVATE SECURITY PERSONNEL Prepared by the PRIVATE SECURITY ADVISORY COUNClu to the LAW ENFORCEMENT ASSISTANCE ADMINISTRATION UNITED STATES DEPARTMENT OF JUSTICE August 1976 Points of view or opinions expressed in this document are those of the Private Security Advisory Council, and do not necessarily represent the official position or policies of the Law Enforce ment Assistance Administration, U.S. Department of Justice. PRIVATE SECURITY ADVISORY COUNCIL of the United States Department of Justice Law Enforcement Assistance Administration September 27, 1976 Mr. Richard W. Ve1de Administrator Law Enforcement Assistance Administration U.S. Department of Justice 633 Indiana Avenue, N.W. Washington, D.C. 20531 Dear Mr. Ve1de: As Chairman of the Private Security Advisory Council, it gives me pleasure to forward the attached report, Scope of Legal Authority of Private Security Personnel, developed by the Council for the Law Enforcement Assistance Administration. -
Offences Procedure
If you have issues viewing or accessing this file contact us at NCJRS.gov. Ministry of the Attorney General , f !, PROV~NC~AL OFFENCES PROCEDURE \NAL YSIS AND EXPLANATION EGISLATIVE PROPOSALS ; ; APRIL,1978 '. PROVINCIAL OFFENCES PROCEDURE AN ANALYSIS AND EXPLANATION OF LEGISLATIVE PROPOSALS: • ... - c:"'''" '\ ...i' ~ .......... -,.',\ • ,". ,. • ....:~ The Provincial Offences Act~ 19783113 and The Provincial Courts Amendment,'NC\1·~~tg:7~lS For additional copies of this publication write to: Communications Office, Ministry of the Attorney General, 18th Floor, 18 King Street East Toronto, Ontario M5C 1C5 .J TABLE OF CONTENTS Attorney General's Statement 1 Part I - An Analysis of the Provincial Offences Act, 1978 A. Principle Features 6 1. Classification 6 2. The Provincial Offences Court 7 3. Minor Offence Prosecutions: Certificate Procedure 8 4. Simplified Appeals for Minor Offences 12 5. Sentencing and Fine Enforcement 14 6. Arrest: No General Power 17 7. The Creation of a Self-Contained Code of Procedure 19 8. Parking Offence Procedure 20 B. Explanation Of The Act's Provisions 22 Part II - The Provincial Courts Amendment Act, 1978 A. Principle Features 92 t Creation of the Provincial Offences Court 92 2. Residual Power 93 3. Contempt of Court 93 B. Explanation Of The Act's Provisions 95 (, , I Statement by the Honourable R. Roy McMurtry, 'a.c., Attorney General for the Province of Ontario Many persons living in Ontario find the procedure which now governs the prosecution of provirlcial offences bewildering, expensive, time consuming and altogether disproportionate in gravity to those offences. This situation is redressed by the proposed Provincial Offences Act, which creates a clear, self~contained procedural code to simplify procedures, eliminate technicalities, enhance procedural rights and protections, and remove the obstacle of delay from the assertion of rights and the conclusion of prosecutions. -
Guidelines on Freedom of Peaceful Assembly
Guidelines on Freedom of Peaceful Assembly SECOND EDITION E COMMIS IC SI N O E N V Guidelines on Freedom of Peaceful Assembly SECOND EDITION E COMMIS IC SI N O E N V Published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Al. Ujazdowskie 19 00-557 Warsaw Poland www.osce.org/odihr © OSCE/ODIHR 2010 All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of the OSCE/ODIHR as the source. ISBN 978-92-9234-785-7 Designed by Homework, Warsaw, Poland Cover design by Agnieszka Rembowska Printed in Poland by Sungraf Guidelines on Freedom of Peaceful Assembly SECOND EDITION Prepared by the Osce/Odihr Panel of experts on the Freedom of Assembly Nina Belyaeva Thomas Bull David Goldberger Michael Hamilton Neil Jarman Muatar S. Khaidarova Serghei Ostaf Vardan Poghosyan Alexander Vashkevich Yevgeniy A. Zhovtis And by the Council of Europe’s European Commission for Democracy through Law (Venice Commission) Warsaw/Strasbourg 2010 Table of contents Foreword. 9 introduction . 11 SECTiON A. Guidelines on Freedom of Peaceful Assembly . 14 1. Freedom of Peaceful Assembly . 15 1.1. Freedom of peaceful assembly 1.2. Definition of assembly 1.3. Only peaceful assemblies are protected 2. Guiding Principles. 15 2.1. The presumption in favour of holding assemblies 2.2. The state’s positive obligation to facilitate and protect peaceful assembly 2.3. Legality 2.4. Proportionality 2.5. Non-discrimination 2.6. Good administration 2.7.